ENSURING THE HUMAN RIGHT TO HEALTH PROTECTION AND AN INDEPENDENT MEDICAL ASSESSMENT OF THE STATE OF HEALTH OF CONVICTS

The Head of State made a cardinal decision to ensure the human right to health protection and an independent medical assessment of the state of health of convicted and remand-arrested citizens. This is especially important in connection with reports of torture or other forms of ill-treatment and timely medical recording. This decision will provide an objective evidence base in the investigation of such cases. President of the Republic of Kazakhstan K.Tokayev signed a decree on the transfer of the medical service from the jurisdiction of the penitentiary system to the jurisdiction of the civil health system. Shortly, the Parliament will consider a draft law on amendments to several laws in connection with the upcoming transfer. It is expected to be adopted by the end of 2021. Earlier, the Commissioner for Human Rights, together with the UN Mission in Kazakhstan and the Regional Office of the International Non-Governmental Organization for Central Asia "International Prison Reform" (PRI), implemented a project to analyze the international experience and develop a package of proposals for introducing legislative changes on this issue. Literally, in May 2021, the results of the project were presented to the Government and Parliament.

Despite the recommendations of the World Health Organization on considering the health of citizens in closed institutions as part of public health, not all countries, including the European Union, have so far been able to implement such solutions. While the state, ensuring the execution of a court sentence on a criminal penalty in the form of imprisonment, actually assumes responsibility for the health of citizens in closed institutions. Today, human rights activists and scientists from Central Asian countries and Russia have expressed interest in studying the Kazakh experience and the developed package of legislative amendments.

It should be noted that other measures in the penal enforcement system were also developed taking into account the recommendations of the Commissioner for Human Rights and human rights organizations whose main activity is the observance of human rights in conditions of restriction or deprivation of liberty. It is also important to constantly monitor and expert participation of the ongoing reforms on the part of civil society and the openness of state bodies to dialogue with civil society on the observance of human rights.

The observance of human rights in the criminal justice and penitentiary system, as well as in social institutions, is an important indicator of the effectiveness of state policy in the field of the human dimension.

National Center for Human Rights